Knight v. Pugh
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county. This was an action of assumpsit brought by John and Joseph Pugh, executors of Evan Pugh, against Giles Knight, on the following note: “ Philadelphia, July 4th, 1839. $1000. Twelve months after date, I promise to pay to the order of T. H. Jackson, with interest, at the United States Branch Bank, at New Brighton, one thousand dollars, without defalcation, for value received. Giles Knight. (Endorsed), “ Pay to Evan Pugh.”
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ERROR to the Common Pleas of Bucks county. This was an action of assumpsit brought by John and Joseph Pugh, executors of Evan Pugh, against Giles Knight, on the following note: “ Philadelphia, July 4th, 1839. $1000. Twelve months after date, I promise to pay to the order of T. H. Jackson, with interest, at the United States Branch Bank, at New Brighton, one thousand dollars, without defalcation, for value received. Giles Knight. (Endorsed), “ Pay to Evan Pugh.” T. H. Jackson. The defendant pleaded payment, with leave to give the special matters in evidence, and gave notice that he would offer…
1Opinion of the Court
The opinion of the Court was delivered' by
Sergeant, J.
— It .seems at one time to have been the rule, though I am not aware of any decision to the full extent, that in a suit by an endorsee of a note against the maker, the defendant is not in general permitted to put the plaintiff on proof of the consideration which the plaintiff gave for the note, unless, the defendant can make out a prima facie case against him by showing that the bill was obtained from the defendant or from some intermediate party by undue means, .as by fraud, felony or force, or that it was lost, or that he (the defendant)…
2Cases cited2 opinions
- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
3Cited by17 opinions
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- Phelan v. MossSupreme Court of Pennsylvania · 1871
- Lerch Hardware Co. v. First National BankSupreme Court of Pennsylvania · 1885
- Real Estate Investment Co. v. RusselSupreme Court of Pennsylvania · 1892
- Loeb v. MellingerSuperior Court of Pennsylvania · 1900
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